Review article
CRIMINAL LAW APPROACH TO COMBATING EMPLOYMENT DISCRIMINATION AND DISCRIMINATION AT WORK IN BOSNIA AND HERZEGOVINA
Jasmina Bešlagić
Abstract
While speaking of discrimination in the employment procedure and at work, we frequently speak of unfounded restriction of a person to effect their basic economic-social human rights and freedoms, first of all, a right to work but all other rights as well. By taking into consideration the fact that it is about effecting basic human rights and freedoms and thus mostly about fundamental needs of any human being, it is the problem area which draws significant public attention both scientific and professional.
There is an obvious prevalence of discrimination in various areas of social life in Bosnia and Herzegovina, and in particular in employment and labour relations. Bearing in mind the far-reaching consequences thereof for an individual, their families, working environment and the society in general on the one hand, and inadequate normative framework of this occurrence, an inadequate implementation of the existing regulations on the other hand, the need poses as an imperative to prevent discrimination implying creation of cultural tolerance, implementation of the so called positive measures, diversity, management and other preventive measures. Considering the fact that preventive forms to eliminate discrimination, are insufficient, positive regulations anticipate concrete institutionalized protective instruments from discrimination such as internal, administrative, out-of-court, judicial, specialized, misdemeanour protection and in drastic discriminative cases as ultima ratio, there is a need for criminal protection as well, which this paper deals with.
Keywords
discrimination; employment; labour; criminal protection; Bosnia and Herzegovina
Hrčak ID:
130842
URI
Publication date:
30.8.2014.
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